RR
Rent Regulations

Haw. Rev. Stat. § 521 § 521-61

Tenant's remedies for failure by landlord to supply possession.

In Force
Verified 10/23/2026 · Next check 10/30/2026
effective 10/23/2026HawaiiHabitability & Repair

Operative Text

Haw. Rev. Stat. § 521 § 521-61
(a) If the landlord fails to put the tenant into possession of the dwelling unit in the agreed condition at the beginning of the agreed term:
(1) The tenant shall not be liable for the rent during any period the tenant is unable to enter into possession;
(2) At any time during the period the tenant is so unable to enter into possession the tenant may notify the landlord that the tenant has terminated the rental agreement; and
(3) The tenant shall have the right to recover damages in the amount of reasonable expenditures necessary to secure adequate substitute housing, the recovery to be made either by action brought in the district court or by deduction from the rent upon submission to the landlord of receipts totaling at least[:]
(A) The amount of abated rent; plus
(B) The amount claimed against the rent; or
(4) If the inability to enter results from the wrongful holdover of a prior occupant, the tenant may maintain a summary proceeding in the district court for possession.
(b) In any district court proceeding brought by the tenant under this section[,] the court may award the tenant substitute housing expenditures, reasonable court costs, and attorney's fees. [L 1972, c 132, pt of §1; am L 1976, c 90, §4; gen ch 1985]
Source: Legislative text reproduced verbatim
Plain English

Hawaii Revised Statutes § 521-61 addresses what happens when a landlord fails to deliver a rental unit in the agreed condition at the start of a tenancy. Under this provision, a tenant who cannot take possession owes no rent for the period they are locked out, and they may terminate the rental agreement during that time. The tenant also has the right to recover reasonable costs for substitute housing—either through a district court action or by deducting those costs from future rent after providing the landlord with receipts. If the delay is caused by a prior occupant who refuses to leave, the tenant may pursue a summary court proceeding to gain possession.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 23, 2026

Plain English — not legal advice.

For Property Managers

Under Haw. Rev. Stat. § 521-61, landlords are generally expected to deliver a rental unit in the agreed condition on the agreed move-in date, free of any prior occupants. Operators who comply typically coordinate move-out inspections, confirm prior tenants have vacated, and address any unit-condition issues before the new tenancy begins. Failing to deliver possession can expose a landlord to claims for substitute housing costs, court fees, and attorney's fees, so proactive coordination between lease terms is a common practice among compliant property managers.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Haw. Rev. Stat. § 521-61 establishes that tenants who cannot take possession of their unit at the agreed start of a tenancy are not obligated to pay rent for that period and may choose to terminate the rental agreement. Tenants who incur costs for substitute housing may be able to recover those expenses either by filing a claim in Hawaii district court or by deducting documented costs from rent after submitting receipts to the landlord. If a prior occupant's holdover is the cause of the delay, § 521-61 also provides a path to pursue a summary possession proceeding in district court; tenant-rights organizations in Hawaii can help explain what documentation and steps are generally involved.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 23, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 23, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-71
Haw. Rev. Stat. § 521-42
Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-52
Haw. Rev. Stat. § 521-70
Haw. Rev. Stat. § 521-70
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-42
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-42
Haw. Rev. Stat. § 521-62
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-43
Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-53
Haw. Rev. Stat. § 521-52
Haw. Rev. Stat. § 521-72
Haw. Rev. Stat. § 521-52
Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-53
Haw. Rev. Stat. § 521-63
Haw. Rev. Stat. § 521-42
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-80
Haw. Rev. Stat. § 521-80
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-44
Haw. Rev. Stat. § 521-51
Haw. Rev. Stat. § 521-68
Haw. Rev. Stat. § 521-71
Haw. Rev. Stat. § 521-44

Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information

Source:https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0521/HRS_0521-0061.htm
Snapshot SHA:
Fetched:Oct 23, 2026, 07:06 AM UTC
Raw bytes:Download from R2 →